Free Republic
Browse · Search
News/Activism
Topics · Post Article

To: robertpaulsen

“Certain parts of the U.S. Constitution apply to the states.”

This whole discussion you originally commented upon revolved around the civil liberties that are guaranteed by the BOR. This is what I am referring to as far as voilating the federal constitution.

I was trying to explain to fr_reak (I think that is the posters name) that the civil liberties guaranteed by the constitution cannot be trumped by state law and they cannot override it. They can regulate it, but not take it away. In that respect, the federal government has a duty to step in and protect those rights. Witness the recent parker decision in DC as I talked about earlier. Sure, DC is not a state, but the same principal applies if say New York had laws that outlawed the ownership of firearms as DC does.

The court said you can regulate firearms, but not outlaw them.


189 posted on 06/03/2007 7:25:56 PM PDT by Old Teufel Hunden
[ Post Reply | Private Reply | To 187 | View Replies ]


To: Old Teufel Hunden
"This whole discussion you originally commented upon revolved around the civil liberties that are guaranteed by the BOR."

The Bill of Rights and the U.S. Constitution have nothing to do with this. The teens are bearing arms under the rights protected by the Idaho state constitution.

"Witness the recent parker decision in DC as I talked about earlier."

The Parker decision involved a federal, not state, law. In that case, the U.S. Constitution applies. The federal DC Circuit Court concluded that the federal law violated the second amendment by infringing on the individual right to keep and bear arms. Their decision only applies to federal law and, consequently, the residents of Washington, DC that the law affects.

190 posted on 06/04/2007 3:55:52 AM PDT by robertpaulsen
[ Post Reply | Private Reply | To 189 | View Replies ]

Free Republic
Browse · Search
News/Activism
Topics · Post Article


FreeRepublic, LLC, PO BOX 9771, FRESNO, CA 93794
FreeRepublic.com is powered by software copyright 2000-2008 John Robinson